Do you get Bail Money Back:
Do you get Bail Money Back?
Yes, you are meant to get your bail money back, if you meet up with all the requirements of the bail after the trial. For instance, if the bail money was collected in order to secure your presence during the full trial of the criminal case in the court and during the trial you never missed a sitting. The court shall be in a position to refund you the money. However, if you missed a day sitting, the money may be held back by the court.
So the money may be refunded to you depending on the circumstance. If you meet up with all the conditions that the money was provided to secure, then it will be refunded back to you. The courts shall always communicate you with all the conditions of the bail which you are meant to keep in order for the money to be refunded back to you after the trial.
Bail Application in the Police Station
It is the law that after arrest of the suspect that the police have the right to detain him for a period of 24 hours or a maximum of 48 hours. However, within this period of detention, the suspect can make an oral application to the police for him to be granted bail while they continue with their investigation.
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This type of application is called Bail. Bail is the temporary release of a suspect or Defendant from custody.
We all know that after arrest that before the police will prefer a charge against a suspect that they are expected to have conducted a diligent investigation about the matter and obtained all the material evidence that will enable them prosecute the case properly in the court and anything short of this may lead them to malicious prosecution.
So, during this period of investigation and detention of the Suspect, he can easily move to the police and apply for Police bail otherwise called Administrative bail. This is a type of temporary releases of the Suspect by the police with a bail bond and the assurance of the presence of the suspect when invited or when his matter will be instituted in the court.
This type of bail always provides the police enough time to investigate the matter before preferring charge and it will in the other hand, provides the suspect with enough time to secure the service of a good lawyer and to also prepare his defence.
Criminal cases are usually decided based on the proof of evidence available against the suspect. So it is during this period that the police will prepare the proof of evidence and then institute a criminal charge against the suspect or transfer the case to the Attorney General for diligent prosecution.
It can however be deduced that Police bail is temporary release of the suspect granted by the police before the institution of the matter to a competent court with jurisdiction to entertain the matter.
Bail Application in the Court
It is the law that administrative bail shall only last till when a charge will be preferred against the Defendant. Once a charge is preferred against the Defendant in the court, then it will be expected of him to make an application for his bail in the court. In the court, the bail may be made orally or through a written application called motion.
Motion for bail is a written application filed by the defendant in a criminal case praying the court that he should be admitted to bail pending the determination of the case. The application is usually accompanied by an Affidavit. This Affidavit usually contains the statement of facts deposed to by either the Defendant or someone related to him stating in facts the reason why the application should be granted.
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In most non- capital offences, the courts are usually free to grant application for bail pending the determination of the case but in capital offences, the courts are always hard as a kernel- shell while considering the application. However, application for bail can also be granted in capital offences.
Note that in some courts like the Magistrate court that the application for bail of a defendant in a criminal matter can be made orally by the defendant counsel. It should also be important to note that while making the application for bail either in the court of record or court of no record, the prevailing feature is that you must be able to establish firmly before the court that the Defendant shall always be available to face his trial and that he shall not jump bail. Obviously that the defendant does not have a bad historic record of committing crime.
The court shall always meticulously consider all application for bail because It’s part of the constitutional rights of all the Defendant. After arrest and even during the criminal proceeding, the Defendant is still presumed innocent in Law and he should not be deprived his constitutional right to freedom of movement and right to liberty except if it is for the interest of justice.
Appeal bail is also a type of bail which may be explored by the defendant after his conviction by the trial court or the lower court.